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KS HB2705
Bill
Status
2/4/2026
Primary Sponsor
Corrections and Juvenile Justice
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AI Summary
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Limits the mandatory appointment of counsel for indigent inmates by clarifying that the requirement to appoint counsel applies only to habeas corpus petitions and motions attacking sentences filed under K.S.A. 60-1507 (challenging the legality of a conviction or sentence), not to conditions-of-confinement challenges under K.S.A. 60-1501
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Adds a new subsection to K.S.A. 60-1503 granting courts discretionary (rather than mandatory) authority to appoint counsel for inmates in the custody of the Kansas Secretary of Corrections who are challenging their conditions of confinement under K.S.A. 60-1501
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Retains the existing requirement that courts must appoint counsel for indigent inmates filing K.S.A. 60-1507 petitions when the court finds the petition presents substantial questions of law or triable issues of fact, including on appeal
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Preserves special provisions for inmates convicted of capital murder and under sentence of death, maintaining mandatory appointment of one or more qualified counsel for such individuals filing 60-1507 petitions
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Amends K.S.A. 22-4506 and 60-1503, repeals the existing versions of those sections, and takes effect upon publication in the Kansas Register
Legislative Description
Providing that courts are not required to appoint counsel for an indigent inmate in certain habeas corpus actions.
Last Action
House Hearing: Tuesday, February 10, 2026, 1:30 PM Room 546-S
2/10/2026